[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7071 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7071

 To establish a commission to recommend the elimination or realignment 
  of Federal agencies that are duplicative or perform functions that 
would be more efficient on a non-Federal level, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2008

  Mr. Sullivan (for himself, Mr. Gingrey, Mr. Kingston, Mr. Broun of 
 Georgia, Mr. Franks of Arizona, Mr. Gohmert, Mr. Walberg, Ms. Fallin, 
  Mr. Bartlett of Maryland, Mr. Akin, and Mr. Shuster) introduced the 
 following bill; which was referred to the Committee on Oversight and 
  Government Reform, and in addition to the Committee on Rules, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to recommend the elimination or realignment 
  of Federal agencies that are duplicative or perform functions that 
would be more efficient on a non-Federal level, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Program Realignment 
and Closure Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' by section 105 of title 5, United 
        States Code.
            (2) Calendar day.--The term ``calendar day'' means a 
        calendar day other than one on which either House is not in 
        session because of an adjournment of more than three days to a 
        date certain.
            (3) Program.--The term ``program'' means a program or 
        office within an agency.
            (4) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        the possessions of the United States.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Federal Agency Program 
Realignment and Closure Commission (in this Act referred to as the 
``Commission'').
    (b) Membership.--
            (1) Number and appointment.--
                    (A) In general.--The Commission shall be composed 
                of 17 members appointed by the President, by and with 
                the advice and consent of the Senate. Not later than 30 
                days after the date of the enactment of this Act, the 
                President shall transmit to the Senate the nominations 
                for appointment to the Commission.
                    (B) Consultation.--In selecting individuals for 
                nominations for appointments to the Commission, the 
                President shall consult with--
                            (i) the Speaker of the House of 
                        Representatives concerning the appointment of 3 
                        members;
                            (ii) the minority leader of the House of 
                        Representatives concerning the appointment of 3 
                        members;
                            (iii) the majority leader of the Senate 
                        concerning the appointment of 3 members; and
                            (iv) the minority leader of the Senate 
                        concerning the appointment of 3 members.
                    (C) Criteria.--
                            (i) Not less than 5 members shall be 
                        individuals from the private sector.
                            (ii) Two members shall be State Governors 
                        who are not of the same political party.
                            (iii) Eight members shall be from the 
                        Republican Party.
                            (iv) Eight members shall be from the 
                        Democratic Party.
                            (v) One member shall not be affiliated with 
                        any political party.
                    (D) Designees.--A member described under 
                subparagraph (C)(ii) may designate an individual to 
                serve in the place of the member. Such individual shall 
                be--
                            (i) a State official from the same State as 
                        the member; or
                            (ii) a State Governor who is of the same 
                        political party as the member.
                    (E) Chairman and vice chairman.--At the time the 
                President nominates individuals for appointment to the 
                Commission under subsection (a), the President shall 
                designate one such individual who shall serve as 
                chairman and one such individual who shall serve as 
                vice chairman. The chairman and vice chairman may not 
                be of the same political party.
            (2) Appointment deadline.--Members shall be appointed not 
        later than 30 days after the date of the enactment of this Act
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in the 
        Commission shall not affect its powers, but shall be filled in 
        the same manner as the original appointment.
            (4) Removal.--The President may remove a member from the 
        commission only for good cause.
    (c) Initial Meeting.--Not later than 60 days after the date of the 
enactment of this Act or the date on which each member has obtained an 
appropriate security clearance, whichever is later, the Commission 
shall hold its first meeting.
    (d) Meetings.--The Commission shall meet at the call of the 
chairman.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Security Clearance.--As a condition of appointment to or 
employment with the Commission, the members and staff of the Commission 
shall hold appropriate security clearances for access to any classified 
briefing, records, and materials that may be reviewed by the Commission 
or its staff and shall follow the guidance and practices on security 
under applicable Executive orders and agency directives.
    (g) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Evaluation; Report.--Not later than 3 years after the date of 
the initial meeting of the Commission, the Commission shall--
            (1) evaluate each agency and program within agencies using 
        the criteria under subsection (c); and
            (2) submit to the President and Congress a report 
        containing a list including the name of each agency and program 
        the Commission recommends eliminating or realigning.
    (b) Criteria.--
            (1) Duplicative functions.--If two or more agencies or 
        programs are performing the same function and the function can 
        be consolidated or streamlined into a single agency or program, 
        the Commission shall recommend that the agency or program be 
        realigned.
            (2) State functions.--The Commission shall recommend the 
        elimination of any agency or program that--
                    (A) performs a function that is also provided by a 
                State; or
                    (B) would be more efficient if performed at the 
                State level.
            (3) Private functions.--The Commission shall recommend the 
        elimination of any agency or program that performs a function 
        that can be more efficiently performed by a private entity.

SEC. 5. ELIMINATION OR REALIGNMENT OF AGENCIES AND PROGRAMS.

    (a) Elimination and Realignment.--Except as provided by subsection 
(c) or by any other law, the President shall begin the process of 
eliminating and realigning the agencies and programs recommended by the 
Commission in the report required under section 4(a) not later than 3 
years after the date of the submission of the report. Such elimination 
and realignment shall be completed not later than 5 years after such 
date.
    (b) Implementation.--In eliminating or realigning an agency or 
program recommended by the Commission in the report required under 
section 4(a), the President shall ensure that--
            (1) all orders, grants, contracts, and other determinations 
        or actions of the affected agency or program that are effective 
        as of the day before the date of the elimination or realignment 
        shall be transferred to a relevant Secretary or agency head and 
        shall continue in effect according to their terms unless 
        changed pursuant to law;
            (2) all funds saved by the elimination or realignment of 
        the agency or program shall be deposited in the general fund of 
        the Treasury and shall be dedicated only to deficit reduction 
        and shall not be used as an offset for other spending 
        increases; and
            (3) if the position of an employee of an agency is 
        eliminated as a result of a realignment of a program, the 
        affected agency shall make reasonable efforts to relocate such 
        employee to another position within the agency or within 
        another Federal agency.
    (c) Congressional Disapproval.--The President may not eliminate or 
realign any agency or program recommended by the Commission in the 
report required under section 4(a) if a joint resolution is enacted, in 
accordance with section 9, disapproving such recommendations before the 
earlier of--
            (1) the end of the 45-calendar day period beginning on the 
        date on which the Commission submits such report; or
            (2) the adjournment of Congress sine die for the session 
        during which such report is submitted.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings.--For the purpose of carrying out this Act, the 
Commission may--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths as any member of the Commission considers 
        advisable;
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses as any member of the Commission 
        considers advisable; and
            (3) require, by subpoena or otherwise, the production of 
        such books, records, correspondence, memoranda, papers, 
        documents, tapes, and other evidentiary materials relating to 
        any matter under investigation by the Commission.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Subpoenas issued under subsection (a)--
                    (A) may be issued only by a majority vote of the 
                Commission;
                    (B) shall bear the signature of the chairman of the 
                Commission; and
                    (C) shall be served by any person or class of 
                persons designated by the Commission for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found, may 
        issue an order requiring such person to appear at any 
        designated place to testify or to produce documentary or other 
        evidence. Any failure to obey the order of the court may be 
        punished by the court as a contempt of that court.
    (c) Technical Assistance and Information From Federal Agencies.--
            (1) Technical assistance.--Upon the request of the 
        Commission, the head of a Federal department or agency shall 
        provide such technical assistance to the Commission as the 
        Commission determines to be necessary to carry out its duties.
            (2) Information.--The Commission may secure directly from 
        any Federal department or agency such information as the 
        Commission considers necessary to carry out this Act. Upon 
        request of the chairman of the Commission, the head of such 
        department or agency shall furnish such information to the 
        Commission.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.

SEC. 7. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal members.--Except as provided under 
        subsection (b), each member of the Commission who is not an 
        officer or employee of the Federal Government shall not be 
        compensated.
            (2) Federal officers or employees.--All members of the 
        Commission who are officers or employees of the United States 
        shall serve without compensation in addition to that received 
        for their services as officers or employees of the United 
        States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) In general.--The chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--Upon the approval of the chairman, the 
        executive director may fix the compensation of the executive 
        director and other personnel without regard to chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule 
        pay rates, except that the rate of pay for the executive 
        director and other personnel may not exceed the maximum rate 
        payable for a position at GS-15 of the General Schedule under 
        section 5332 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 8. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits the report under section 4(a).

SEC. 9. CONGRESSIONAL CONSIDERATION OF PROPOSALS TO ELIMINATE CERTAIN 
              AGENCIES AND PROGRAMS.

    (a) Definitions.--In this section, the term ``joint resolution'' 
means only a joint resolution--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That the Congress hereby disapproves the 
        recommendations submitted to Congress by the Federal Agency 
        Program Realignment and Closure Commission pursuant to section 
        9 of the Federal Agency Program Realignment and Closure Act.''; 
        and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Federal Agency Program 
        Realignment and Closure Commission''.
    (b) Introduction; Referral; and Report or Discharge.--
            (1) Introduction.--On the first calendar day on which both 
        Houses are in session, on or immediately following the date on 
        which a report is submitted to Congress under section 4(a), a 
        joint resolution shall be introduced (by request)--
                    (A) in the Senate by the majority leader of the 
                Senate, for himself and the minority leader of the 
                Senate, or by Members of the Senate designated by the 
                majority leader and minority leader of the Senate; and
                    (B) in the House of Representatives by the Speaker 
                of the House of Representatives, for himself and the 
                minority leader of the House of Representatives, or by 
                Members of the House of Representatives designated by 
                the Speaker and minority leader of the House of 
                Representatives.
            (2) Referral.--A joint resolution that is introduced in the 
        House of Representatives shall be referred to the Committee on 
        Oversight and Government Reform. A joint resolution that is 
        introduced in the Senate shall be referred to the Committee on 
        Governmental Affairs. The committee to which such joint 
        resolution is referred may only either recommend passage or 
        recommend against passage when reporting such joint resolution.
            (3) Report or discharge.--If a committee to which a joint 
        resolution is referred has not reported such resolution by the 
        end of the 15th calendar day after the date of the introduction 
        of such joint resolution, such committee shall be immediately 
        discharged from further consideration of such joint resolution, 
        and upon being reported or discharged from the committee, such 
        joint resolution shall be placed on the appropriate calendar.
    (c) Floor Consideration.--
            (1) In general.--When the committee to which a joint 
        resolution is referred has reported, or has been discharged 
        under subsection (b)(3), it is at any time thereafter in order 
        (even though a previous motion to the same effect has been 
        disagreed to) for any Member of the respective House to move to 
        proceed to the consideration of the joint resolution, and all 
        points of order against the joint resolution (and against 
        consideration of the joint resolution) are waived. The motion 
        is highly privileged in the House of Representatives and is 
        privileged in the Senate and is not debatable. The motion is 
        not subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the joint resolution is agreed to, the 
        joint resolution shall remain the unfinished business of the 
        respective House until disposed of.
            (2) Amendments.--A joint resolution may not be amended in 
        the Senate or the House of Representatives.
            (3) Debate.--Debate on the joint resolution, and on all 
        debatable motions and appeals in connection therewith, shall be 
        limited to not more than 10 hours, which shall be divided 
        equally between those favoring and those opposing the 
        resolution. A motion further to limit debate is in order and 
        not debatable. An amendment to, or a motion to postpone, or a 
        motion to proceed to the consideration of other business, or a 
        motion to recommit the joint resolution is not in order. A 
        motion to reconsider the vote by which the joint resolution is 
        agreed to or disagreed to is not in order.
            (4) Vote on final passage.--Immediately following the 
        conclusion of the debate on a joint resolution, and a single 
        quorum call at the conclusion of the debate if requested in 
        accordance with the rules of the appropriate House, the vote on 
        final passage of the joint resolution shall occur.
            (5) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a joint resolution shall be 
        decided without debate.
    (d) Coordination With Action by Other House.--If, before the 
passage by one House of a joint resolution of that House, that House 
receives from the other House a joint resolution, then the following 
procedures shall apply:
            (1) Nonreferral.--The joint resolution of the other House 
        shall not be referred to a committee.
            (2) Vote on bill of other house.--With respect to a joint 
        resolution of the House receiving the joint resolution--
                    (A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    (B) the vote on final passage shall be on the joint 
                resolution of the other House.
    (e) Rules of the Senate and the House of Representatives.--This 
section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
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